KAMLESH RAMCHANDRA WADHWANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing the present Application under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 the Petitioner [Original Accused] has challenged the order dtd. 13/5/2013 passed by the learned Metropolitan Magistrate Court No.1, Ahmedabad in Criminal Case No. 2076 of 2008 below Application Exh.14.

(2.) The facts and circumstances giving rise to the present Revision Application are such that a complaint for the offence punishable under Ss. 408 and 506(1) of the Indian Penal Code was registered against the Petitioner at the instance of the Complainant namely Kailash Nanakram Wadhwani. The said FIR had culminated into Criminal Case No. 2076 of 2008 and was pending trial before the concerned Trial Court. Pending the proceedings, an Application vide Exh.14 came to be submitted on behalf of the Applicant to the effect that since the matter has been amicably settled between the parties and the offence alleged against the Petitioner is compoundable under the provisions of Sec. 320 of the Code of Criminal Procedure, it was requested to accept the compromise arrived at between the parties to discharge the present Petitioner. The Trial Court, vide impugned order, had dismissed the said Application on the ground that the offence punishable under Sec. 408 of IPC is compoundable only to the extent of Rs.2000.00 whereas in the present case, the amount involved in the offence is above Rs.1.00 lac, and therefore, the offence alleged against the present Petitioner cannot be said to be compoundable.

(3.) Being aggrieved by and dissatisfied with the same, the Petitioner has preferred the present Application.